Notice2026-06276
Agency Information Collection Activities; Renewal of an Approved Information Collection: Commercial Driver's License Drug and Alcohol Clearinghouse
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 1, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval and invites public comment. The Agency's final rule titled "Commercial Driver's License Drug and Alcohol Clearinghouse" (Clearinghouse), published in the Federal Register on December 5, 2016, established the regulatory requirements for the Clearinghouse. The compliance date for the final rule was January 6, 2020. FMCSA began collecting data as authorized users began registering in the Clearinghouse in September 2019. This ICR revision is needed to support the continuation of the querying and reporting requirements to address the problem of commercial driver's license (CDL) and commercial learner's permit (CLP) holders who test positive for the use of controlled substances or the misuse of alcohol and then continue to perform safety sensitive functions, including driving a commercial motor vehicle (CMV), without completing the required return-to-duty (RTD) process.
Full Text
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<title>Federal Register, Volume 91 Issue 62 (Wednesday, April 1, 2026)</title>
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[Federal Register Volume 91, Number 62 (Wednesday, April 1, 2026)]
[Notices]
[Pages 16279-16281]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06276]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2026-0727]
Agency Information Collection Activities; Renewal of an Approved
Information Collection: Commercial Driver's License Drug and Alcohol
Clearinghouse
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval and invites public comment. The Agency's final rule titled
``Commercial Driver's License Drug and Alcohol Clearinghouse''
(Clearinghouse), published in the Federal Register on December 5, 2016,
established the regulatory requirements for the Clearinghouse. The
compliance date for the final rule was January 6, 2020. FMCSA began
collecting data as authorized users began registering in the
Clearinghouse in September 2019. This ICR revision is needed to support
the continuation of the querying and reporting requirements to address
the problem of commercial driver's license (CDL) and commercial
learner's permit (CLP) holders who test positive for the use of
controlled substances or the misuse of alcohol and then continue to
perform safety sensitive functions, including driving a commercial
motor vehicle (CMV), without completing the required return-to-duty
(RTD) process.
DATES: Comments on this notice must be received on or before June 1,
2026.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2026-0727 using any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC
20590-0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, W58-213,
Washington, DC, 20590-0001 between 9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
<bullet> Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: Derrick Carrington, Drug and Alcohol
Programs Division, DOT, FMCSA, 1200 New Jersey Avenue SE, Washington,
DC 20590-0001; (202) 366-9394; <a href="/cdn-cgi/l/email-protection#1d79786f6f747e76337e7c6f6f74737a6972735d797269337a726b"><span class="__cf_email__" data-cfemail="0d69687f7f646e66236e6c7f7f64636a7962634d696279236a627b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Instructions
All submissions must include the Agency name and docket number. For
detailed instructions on submitting comments, see the Public
Participation heading below. Note that all comments received will be
posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any
personal information provided. Please see the Privacy Act heading
below.
Public Participation and Request for Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2026-0727), indicate the specific section of this
document to which your comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and mailing
address, an email address, or a phone number in the body of your
document so FMCSA can contact you if there are questions regarding your
submission.
To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2026-0727/document">https://www.regulations.gov/docket/FMCSA-2026-0727/document</a>, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
If you submit your comments by mail or hand delivery, submit them
in an
[[Page 16280]]
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period.
Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, including any personal information the commenter provides, to
<a href="http://www.regulations.gov">www.regulations.gov</a> as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without edits and are
searchable by the name of the submitter.
Background
Agency regulations at 49 Code of Federal Regulations (CFR) part 382
apply to persons and employers of such persons who operate CMVs in
commerce in the United States and who are subject to the CDL
requirements in 49 CFR part 383 or the equivalent CDL requirements for
Canadian and Mexican drivers operating in the U.S. (49 CFR 382.103(a)).
Part 382 requires that employers conduct pre-employment drug testing;
random, post-accident, and reasonable suspicion drug and alcohol
testing; and RTD testing and follow-up testing for those drivers who
test positive or otherwise violate DOT drug and alcohol program
requirements. Motor carrier employers are prohibited from allowing an
employee to perform safety-sensitive functions, which include operating
a CMV, if the employee tests positive on a DOT drug or alcohol test,
refuses to take a required test, or otherwise violates FMCSA's drug and
alcohol testing regulations.
Section 32402 of the Moving Ahead for Progress in the 21st Century
Act requires that the Secretary of Transportation establish, operate,
and maintain a national clearinghouse for records relating to alcohol
and controlled substances testing of CMV operators to improve
compliance with the DOT's alcohol and controlled substances testing
program and to enhance the safety of our roadways by reducing crashes
and injuries involving the misuse of alcohol or use of controlled
substances by operators of CMVs. As noted above, FMCSA published a
final rule on December 5, 2016, with an effective date of January 4,
2017, and a compliance date of January 6, 2020, to implement the
requirements of the Clearinghouse (81 FR 87686). In September 2019
FMCSA first began collecting data in September 2019 relating to
authorized users' registration in the Clearinghouse. On January 6,
2020, FMCSA began collecting data related to drivers' drug and alcohol
program violations and associated return to duty process, as well as
allowing queries conducted by employers on CDL or CLP holders.
The Clearinghouse functions as a repository for records relating to
the positive test results and test refusals of CMV operators and
violations by such operators of prohibitions set forth in 49 CFR, part
382, subpart B. An employer utilizes the Clearinghouse to determine
whether current and prospective employees have incurred a drug or
alcohol program violation that would prohibit them from performing
safety-sensitive functions, including operating a CMV.
The Clearinghouse provides FMCSA and employers with the necessary
tools to identify drivers who are prohibited from operating a CMV and
ensure that such drivers receive the required evaluation and treatment
before resuming safety-sensitive functions. Specifically, information
maintained in the Clearinghouse will ensure that drivers who commit a
drug or alcohol program violation while working for one employer and
attempt to find work with another employer, can no longer conceal their
drug and alcohol violations merely by moving on to the next job or the
next State. Drug and alcohol violation records maintained in the
Clearinghouse follow the driver regardless of how many times he or she
changes employers, seeks employment, or applies for a CDL in a
different State.
The information in the Clearinghouse is used by FMCSA and its State
partners for enforcement purposes to:
<bullet> Ensure employers are meeting their pre-employment
investigation and reporting requirements;
<bullet> Place drivers out of service if drivers are found to be
operating a CMV without completing the RTD process; and
<bullet> Ensure medical review officers (MROs) and substance abuse
professionals (SAPs) meet their reporting requirements.
Only authorized users, including employers and their service
agents, Federal and State enforcement personnel, and State Driver
Licensing Agencies (SDLAs) may register and access the Clearinghouse
for designated purposes. State enforcement personnel may also receive
the driver's eligibility status to operate a CMV, based on
Clearinghouse information, when they check Query Central, the
Commercial Driver's License Information System, or the National Law
Enforcement Telecommunications System for driver information. FMCSA
will share a driver's drug and alcohol violation information with the
National Transportation Safety Board when it is investigating a crash
involving that driver.
Drivers may access their own information, but not information of
other drivers. The Clearinghouse meets all relevant Federal security
standards and FMCSA continuously monitors compliance with applicable
security regulations.
Title: Commercial Driver's License Drug and Alcohol Clearinghouse.
OMB Control Number: 2126-0057.
Type of Request: Renewal of a currently approved ICR.
Respondents: Motor carriers (employers), drivers, MROs, SAPs,
consortia/third-party administrators (C/TPAs), and SDLAs.
Estimated Number of Respondents: 9,834,949
Estimated Time per Response: Varies; 10 to 20 minutes.
Expiration Date: August 31, 2026.
Frequency of Response: On occasion.
A user's role will determine the frequency of the response in the
Clearinghouse.
<bullet> Employers, or C/TPAs acting on behalf of an employer: At a
minimum, employers are required to query the Clearinghouse for each
driver they currently employ at least once a year. Employers must query
the Clearinghouse for all prospective employees, as needed. In
addition, employers report to the Clearinghouse alcohol confirmation
tests with a concentration of 0.04 or higher, refusal to test
(alcohol), refusal to test (drug) that is not determined by an MRO, and
actual knowledge of violations, negative RTD testing, and completion of
the follow-up testing plan. Employer reporting must be completed by the
close of the third business day following the date they obtained the
information on the driver.
<bullet> MROs: Verified positive, adulterated, or substituted drug
test result and refusals to tests (drug) must be entered to the
Clearinghouse on occasion, but no later than 2 business days after
making a determination or verification.
<bullet> SAPs: Must enter the initial assessment date and the date
the driver successfully complied with RTD requirements. SAPs are
required to enter this information on occasion by the close of business
day following the date
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of the initial assessment or completion of the RTD process.
<bullet> SDLAs: May query the Clearinghouse prior to specified
licensing transactions to determine whether drivers are listed in the
``prohibited status.''
<bullet> Drivers: Provide general consent to employer queries
outside of the Clearinghouse.
<bullet> Drivers: Must provide their specific consent to pre-
employment queries electronically through the Clearinghouse.
Estimated Total Annual Burden: 1,653,032.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The Agency will summarize or include your
comments in the request for OMB's clearance of this ICR.
Issued under the authority of 49 CFR 1.87.
David M. Sutula,
Acting Associate Administrator, Office of Research and Registration.
[FR Doc. 2026-06276 Filed 3-31-26; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.